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<br />4810-5342-0509, v. 2
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<br />(i) As to Owner. Owner shall have in effect and provide proof of
<br />comprehensive general liability insurance, in standard form, with limits of One Million Dollars ($1,000,000)
<br />for bodily injury and property damage each occurrence and Two Million Dollars ($2,000,000) in the
<br />aggregate. Each Owner is strongly advised to seek the advice of a qualified insurance consultant regarding
<br />their insurance obligations hereunder.
<br />(ii) As to Solar Contractor. Solar Contractor shall have in effect
<br />and provide proof of Comprehensive general liability insurance, in standard form, with limits of One Million
<br />Dollars ($1,000,000) per occurrence and in the aggregate covering all claims for death, personal injury and
<br />property damage.
<br />(b) Policy Requirements. All insurance policies required under this
<br />Section shall be specifically endorsed to provide that the coverage will be primary and that any insurance
<br />carried by the additional insureds shall be in excess and non-contributory and shall contain a waiver of
<br />subrogation in favor of said entities. All insurance required shall be issued by insurance companies
<br />authorized to do business in California and shall have an AM Best Rating of at least A-VII and shall be
<br />specifically endorsed to provide that such coverage shall not be canceled or materially changed without at
<br />least thirty (30) days' prior written notice to the manager of the Association. The certificates of insurance
<br />must name the Association as an additional insured on a separate endorsement form which shall be
<br />provided to the Association within fourteen (14) days of approval of the application for work on the Solar
<br />Energy System, and in any event prior to the commencement of the work on the Solar Energy System, by
<br />the Solar Contractor, and as to the Owner’s policy, annually thereafter. Owner shall confirm, prior to Solar
<br />Contractor commencing any work, that the Solar Contractor’s liability insurance policy has no exclusion for
<br />limiting or eliminating coverage for work on condominiums commonly known as a “multi-family exclusion”
<br />endorsement.
<br />(c) Insurance of the Solar Energy System. The Solar Energy System
<br />will not be insured under the Association’s insurance policies.
<br />(d) Indemnification. Each Owner shall indemnify, protect, defend and
<br />hold the Association and all other Owners of Units located within the Owner’s Condominium Building, and
<br />their respective successors and assigns, and its officers, directors, successors and assigns, the
<br />management company for the Association and Declarant entirely free and harmless from and against any
<br />and all claims, costs, expenses, liabilities, actions and damages, including without limitation, attorneys’ fees
<br />and costs and costs of enforcing this indemnification (collectively, “Solar Claims”) arising from or
<br />attributable to any acts or omissions of Owner, the Solar Contractor, or any of their respective heirs,
<br />personal representatives, successors, assigns, officers, agents, employees, subcontractors, or material
<br />suppliers arising out of or based upon any injury or damage resulting from the operation, maintenance,
<br />repair, removal, or re-installation of the Owner’s Solar Energy System. This indemnity does not include
<br />any Solar Claims to the extent they arise out of the gross negligence or willful misconduct of the Association
<br />or any other Owner.
<br />2.18.6 Maintenance Removal and Reinstallation. Owner agrees that performance
<br />of any Solar Work shall not interfere with the Association's maintenance, repair or replacement of the Roof
<br />(“Roof Work”). If the Association has to perform Roof Work, Owner shall cooperate with the Association
<br />to timely remove and store any Solar Energy System located in the Roof Work area, at Owner’s expense,
<br />as provided below. Except in cases of emergency where reasonable notice will not be provided, the
<br />Association shall give Owner at least seven (7) days prior written notice of its intent to have Roof Work
<br />performed, the location of the Solar Energy System that will be affected by the Roof Work, and a deadline
<br />by which Owner is required to have an approved Solar Contractor remove the affected Solar Energy System
<br />at Owner’s expense. If Owner fails to remove the Solar Energy System by the deadline stated in the
<br />Association’s notice, then the Association shall have the right to employ a contractor experienced with solar
<br />energy systems to remove the Solar Energy System from the areas where the Roof Work will be performed
<br />and to store the Solar Energy System, in which case the Association shall not be responsible for any loss
<br />or damage caused to such Solar Energy System during or after such removal, including any damage
<br />resulting from the storage of the Solar Energy System unless the Association commits gross negligence or
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